1. On February 4, 2019, at 9:00 a.m., a public hearing will be held in the Small Conference Room, 301 South Park Avenue, 4th Floor, Helena, Montana, to consider the proposed amendment and repeal of the above-stated rules.

2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Behavioral Health (board) no later than 5:00 p.m., on January 28, 2019, to advise us of the nature of the accommodation that you need. Please contact Lucy Richards, Board of Behavioral Health, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2394; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or dlibsdbbh@mt.gov (board's e-mail).

3. The department is proposing to amend the following rule. The rule proposed to be amended is as follows, stricken matter interlined, new matter underlined:

REASON: The department determined it is reasonably necessary to amend this rule by removing obsolete references to the Board of Social Workers and Professional Counselors and the Board of Licensed Addiction Counselors. These license types are now within the authority of the Board of Behavioral Health which was renamed in 2015 through Senate Bill 22. Additionally, the 2017 legislature authorized the certification of behavioral health peer support specialists in Senate Bill 62 and placed this regulation within the authority of the Board of Behavioral Health.

4. The board is proposing to amend the following rules. The rules proposed to be amended are as follows, stricken matter interlined, new matter underlined:

24.154.403 MILITARY TRAINING OR EXPERIENCE (1) and (2) remain the same.

(3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements as a licensed addiction counselor. At a minimum, satisfactorySatisfactory evidence shall includeincludes:

(a) a copy of the applicant's military discharge document (DD 214) or other discharge documentation;

REASON: Following adoption of this rule, it came to the board's attention that certain military personnel (i.e., reservists and national guardsmen who have never been activated) do not receive a DD 214 form upon their discharge from the military. It is reasonably necessary to amend this rule to allow applicants to submit other discharge documentation in lieu of the DD 214 form.

(2) Licensees must maintain documentation of completed CE for two yearsand make the records available to the department if the licensees are selected for a random audit. The department will annually conduct a random audit of 15 percent of renewed licensees to verify compliance with CE requirementsboard may randomly audit up to 50 percent of renewed licensees. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(c) presenter or sponsor;

(d) course date(s); and

(e) number of CE hours earned.

(3) Documentation verifying attendance must be attached for all CE listed on the submission form.

(4) Certificates of completion will not be returned and must include the course name, number of hours earned, date of completion, and signature of the provider.

(5) For each training attended, and in addition to the certificate of completion, LACs must submit an agenda with the specific breakdown of training hours (specific time of registration, breaks, lunch, etc.), a description of the training, and names of the presenters.

REASON: The board is amending this rule to align with and further facilitate the department's standardized application, renewal, and audit procedures, and streamline the rule for better organization and ease of use for the reader.

The board is amending (2) to allow flexibility in conducting random CE audits. Currently, the board randomly audits two percent of all renewed licensees for each reporting period. This amendment will allow the board to respond to staffing and budget issues by adjusting the number of licensees audited, while remaining consistent with the statutory maximum of 50 percent in 37-1-306, MCA.

24.219.201 PROCEDURAL RULES (1) The Board of Social Work Examiners and Professional Counselors herebyBehavioral Health adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

REASON: The board is amending the continuing education (CE) rules for licensed clinical social workers, licensed clinical professional counselors, and licensed marriage and family therapists to align with and further facilitate the department's standardized application, renewal, and audit procedures, and streamline the rules for better organization and ease of use for the reader. As a part of the standardization, the board concluded that it is reasonably necessary to place the responsibility on licensees to select quality CE programs that contribute to their knowledge and competence. Following amendment, the board will no longer approve sponsors or courses as the licensees must choose CE that meets the professional education objectives established in the CE requirements.

The board is deleting the CE course application fees from this rule and ARM 24.219.405 and 24.219.409 as unnecessary since licensees and CE providers will no longer be applying for course or provider approval. The board estimates removal of the CE application fee will affect approximately 855 applicants and result in a $17,100 reduction in annual revenue.

24.219.415 MILITARY TRAINING OR EXPERIENCE (1) and (2) remain the same.

(3) An applicant must submit satisfactory evidence of receiving military training or education that is equivalent to relevant licensure requirements for a clinical professional counselor, clinical social worker, or marriage and family therapist. At a minimum, satisfactorySatisfactory evidence shall includeincludes:

(a) a copy of the applicant's military discharge document (DD 214 or other discharge documentation);

REASON: Following adoption of this rule, it came to the board's attention that certain military personnel (i.e., reservists and national guardsmen who have never been activated) do not receive a DD 214 form upon their discharge from the military. It is reasonably necessary to amend this rule to allow applicants to submit other discharge documentation in lieu of the DD 214 form.

24.219.2001 CONTINUING EDUCATION REQUIREMENTS HOURS, CREDITS, AND CARRY OVER (1) EachLicensed marriage and family therapist licensee shall earntherapists must obtain 20 clock hours of accredited continuing marriage and family therapy education (CE) annuallyfor each year. Clock hours or contact hours shall be the actual number of hours during which instruction was given.

(2) Applicants licensed before July 1 of the renewal year will be required to fulfill the 20-hour requirement. Those licensed after July 1 are required to obtain one-half of the 20-hour requirement, and those licensed after October 1 will not be required to obtain CE for renewal.

(2)(3) A maximum of ten clock hours may be given for the first-time preparation of a new course, in-service training workshop, or seminar which is related to the enhancement of marriage and family therapy practice, values, skills, and knowledge; or a maximum of ten clock hours credit may be given for the preparation by the author or authors of a professional marriage and family therapy paper published for the first time in a recognized professional journal, or given for the first time at a statewide or national professional meeting.

(3)(4) If a licensee completed more than 20 hours of continuing educationCE, excess hours in an amount not to exceed 20 hours may be carried forward to the next year.

(4) Any licensee may apply for an exemption from the continuing marriage and family therapy education requirements of these rules by filing a statement with the board setting forth good faith reasons why he or she is unable to comply with these rules, and an exemption may be granted by the board.

(5) Marriage and family therapy applicants licensed before July 1 of the renewal year will be required to fulfill the 20-hour requirement. Those licensed after July 1 are required to obtain one-half of the 20-hour requirement; and those licensed after October 1 will not be required to obtain continuing education credits for renewal.

(5) Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public and contribute to licensees' professional knowledge and competence. Acceptable CE activities:

(a) directly relate to the scope of practice of marriage and family therapy as defined in board statutes and rules;

(b) review existing concepts and techniques;

(c) convey information beyond the basic professional education;

(d) update knowledge on the practice and advances in marriage and family therapy; and/or

(e) reinforce professional conduct or ethical obligations of the licensee.

(6) The board may randomly audit up to 50 percent of renewed licensees.

(7) Licensees must maintain documentation of completed CE for three years and provide documentation to the board upon request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(c) presenter or sponsor;

(d) course date(s); and

(e) number of CE hours earned.

(8) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension. Licensees may not apply CE hours used to complete delinquent CE requirements for the next education reporting period.

(9) Any CE hours required by disciplinary order do not apply toward the 20 hours that are required annually under this rule.

(10) A licensee may request an exemption from CE requirements due to hardship. Requests will be considered by the board.

REASON: The board is amending this rule and ARM 24.219.2101 and 24.219.2201 to align with and further facilitate the department's standardized application, renewal, and audit procedures, and streamline the rules for better organization and ease of use for the reader. As a part of the standardization, the board concluded that it is reasonably necessary to place the responsibility on licensees to select quality continuing education (CE) programs that contribute to their knowledge and competence. Following the amendments, the board will no longer approve sponsors or courses as licensees must choose CE that meets the professional education objectives set forth in the respective rules.

The board is adding (6) to allow flexibility in conducting random CE audits. This amendment will allow the board to respond to staffing and budget issues by adjusting the number of licensees audited, while remaining consistent with the statutory maximum of 50 percent in 37-1-306, MCA.

The board is clarifying in (8) that licensees not in compliance with CE may be subject to administrative suspension per 37-1-321, MCA, and in accordance with standardized department audit processes. To address licensee and staff questions, the board is clarifying in (9) that any CE required pursuant to a licensee's disciplinary action is independent of regular CE requirements.

Additional amendments will eliminate outdated, redundant, and unnecessary provisions, and provide consistency, simplicity, better organization, and ease of use for the reader. Implementation citations are being amended to accurately reflect all statutes implemented through the rule.

24.219.2101 CONTINUING EDUCATION REQUIREMENTS HOURS, CREDITS, AND CARRY OVER (1) Each social work licensee of the Board of Social Work Examiners and Professional Counselors shall earnLicensed clinical social workers must obtain 20 clock hours of accredited continuing social work education (CE) annuallyeach year. Clock hours or contact hours shall be the actual number of hours during which instruction was given.

(2) Applicants licensed before July 1 of the renewal year will be required to fulfill the 20-hour requirement. Those licensed after July 1 are required to obtain one-half of the 20-hour requirement, and those licensed after October 1 will not be required to obtain continuing education credits for renewal.

(2)(3) A maximum of ten clock hours may be given for the first-time preparation of a new course, in-service training workshop, or seminar which is related to the enhancement of social work practice, values, skills and knowledge; or a maximum of ten clock hours credit may be given for the preparation by the author or authors of a professional social work paper published for the first time in a recognized professional journal or given for the first time at a statewide or national professional meeting.

(3)(4) If a licensee completed more than 20 hours of CEcontinuing education after 1985, excess hours in an amount not to exceed 20 hours may be carried forward to the next year.

(4) Any licensee may apply for an exemption from the continuing social worker education requirements of these rules by filing a statement with the board setting forth good faith reasons why he or she is unable to comply with these rules and an exemption may be granted by the board.

(5) Social work applicants licensed before July 1 of the renewal year will be required to fulfill the 20 hour requirement. Those licensed after July 1 are required to obtain one half of the 20 hour requirement; and those licensed after October 1, will not be required to obtain continuing education credits for renewal.

(5) Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public and contribute to licensees' professional knowledge and competence. Acceptable CE activities:

(a) directly relate to the scope of practice of social work as defined in board statutes and rules;

(b) review existing concepts and techniques;

(c) convey information beyond the basic professional education;

(d) update knowledge on the practice and advances in social work; and/or

(e) reinforce professional conduct or ethical obligations of the licensee.

(6) The board may randomly audit up to 50 percent of renewed licensees.

(7) Licensees must maintain documentation of completed CE for three years and provide documentation to the board upon request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(c) presenter or sponsor;

(d) course date(s); and

(e) number of CE hours earned.

(8) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension. Licensees may not apply CE hours used to complete delinquent CE requirements for the next education reporting period.

(9) Any CE hours required by disciplinary order do not apply toward the 20 hours that are required annually under this rule.

(10) A licensee may request an exemption from CE requirements due to hardship. Requests will be considered by the board.

24.219.2201 CONTINUING EDUCATION REQUIREMENTS HOURS, CREDITS AND CARRY OVER (1) Each licensee of the Board of Social Work Examiners and Professional Counselors shall earnLicensed clinical professional counselors must obtain 20 clock hours of accredited continuing professional counselor education (CE) annuallyeach year. Clock hours or contact hours shall be the actual number of hours during which instruction was given.

(2) Applicants licensed before July 1 of the renewal year will be required to fulfill the 20-hour requirement. Those licensed after July 1 are required to obtain one-half of the 20-hour requirement, and those licensed after October 1 will not be required to obtain continuing education credits for renewal.

(2)(3) A maximum of ten clock hours may be given for the first-time preparation of a new course, in-service training workshop, or seminar which is related to the enhancement of professional counselor practice, values, skills and knowledge; or a maximum of ten clock hours credit may be given for the preparation by the author or authors of a professional counselor paper published for the first time in a recognized professional journal or given for the first time at a statewide or national professional meeting.

(3)(4) If a licensee completes more than 20 hours of CEcontinuing education after 1986, excess hours in an amount not to exceed 20 hours may be carried forward to the next year.

(4) Any licensee may apply for an exemption from the continuing professional counselor education requirements of these rules by filing a statement with the board setting forth good faith reasons why he or she is unable to comply with these rules and an exemption may be granted by the board.

(5) Professional counselors licensed before July 1 of the renewal year will be required to fulfill the 20 hour requirement. Those licensed after July 1, are required to obtain one half of the 20 hour requirement; and those licensed after October 1, will not be required to obtain continuing education credits for renewal.

(5) Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public and contribute to licensees' professional knowledge and competence. Acceptable CE activities:

(a) directly relate to the scope of practice of professional counseling as defined in board statutes and rules;

(b) review existing concepts and techniques;

(c) convey information beyond the basic professional education;

(d) update knowledge on the practice and advances in professional counseling; and/or

(e) reinforce professional conduct or ethical obligations of the licensee.

(6) The board may randomly audit up to 50 percent of renewed licensees.

(7) Licensees must maintain documentation of completed CE for three years and provide documentation to the board upon request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(c) presenter or sponsor;

(d) course date(s); and

(e) number of CE hours earned.

(8) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension. Licensees may not apply CE hours used to complete delinquent CE requirements for the next education reporting period.

(9) Any CE hours required by disciplinary order do not apply toward the 20 hours that are required annually under this rule.

(10) A licensee may request an exemption from CE requirements due to hardship. Requests will be considered by the board.

REASON: Because the board is amending the CE rules in this notice to place the responsibility on licensees to select quality continuing education (CE) programs and will no longer approve sponsors or courses, the board is repealing this rule as no longer necessary.

REASON: The board is amending the CE rules in this notice to align with the department's standardized application, renewal, and audit procedures. Following a recommendation by department legal staff, the board is repealing this unnecessary rule as current renewal procedures require that licensees affirm an understanding of the CE requirements and the potential of being audited for compliance.

6. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Behavioral Health, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to dlibsdbbh@mt.gov, and must be received no later than 5:00 p.m., February 8, 2019.

7. An electronic copy of this notice of public hearing is available at www.bbh.mt.gov (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.

8. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Behavioral Health, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to dlibsdbbh@mt.gov; or made by completing a request form at any rules hearing held by the agency.

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

10. Regarding the requirements of 2-4-111, MCA, the department has determined that the amendment of ARM 24.101.413 will not significantly and directly impact small businesses.

For questions regarding the content, interpretation, or application of a specific rule, please contact the agency that issued the rule. A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.

For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.